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She quoted research by the New Hampshire sociologist David Finkelhor , whose book, Nursery Crimes , became the source for American believers in ritual abuse occurring in creches. Smart's report was completed in July and a copy was given to police. Detectives said her report was central to their decision to investigate four of Ellis's female colleagues at the creche. Their houses were searched for everything from pornography to babies bodies.

Nothing was found. The four female staff members were arrested on 1 October amid considerable televised publicity. At depositions they faced 15 charges that included sexual violation , indecent assault and one charge of performing an indecent act having sex with Ellis in a public place. The charges were subsequently dropped when Judge Williamson concluded the publicity meant their chances of a fair trial would be prejudiced by their association with Ellis.

Ellis was accused, among other things, of "sodomising children, forcing them to eat his faeces, urinating on them, suspending them in cages, taking them on terrifying trips of abuse through tunnels, ceilings and trapdoors". Other allegations included children being forced into a steaming hot oven or buried in coffins; one boy claimed he had his belly-button removed with pliers.

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Alleged by one parent, was the sacrifice of a boy called Andrew. The police arrested Ellis on 30 March , charging him with the first of what would eventually be 45 counts of sexually abusing 20 different children at the creche. By the time the case went to trial, the Crown had reduced the number of charges to 28, involving 13 complainants.

The offences were alleged to have taken place at unspecified times and dates between 1 May four months before Ellis started work at the creche and 1 October 11 months after he left the creche, and a month after the creche was closed. Psychiatrist Karen Zelas was the prosecution's expert witness. She also supervised the social workers conducting the children's interviews and advised the police about how they should conduct their investigation. Psychiatrist and defence expert Keith Le Page said that none of the behaviours described by Zelas were specific to sexual abuse.

The complainants showed little or no distress when describing acts of abuse during their interviews and when later testifying in court. Le Page also testified that children couldn't remember events experienced at a very young age when there was a long delay between the event and the attempt to recall it. Children couldn't remember events, even traumatic events, that had occurred at two or three years of age when there was a long delay, he claimed. The alleged abuse at the creche had occurred when children were at these ages.

In June , Ellis was convicted of 16 counts of sexual offences involving seven children. The charges on which he was found guilty were that he had urinated on two children, made one masturbate him, put his penis in the mouths of three of them, engaged in indecent touching of three, and put his penis or an unknown associate's penis against the vagina or anus of three. Corrections officers who sat through the trial with Ellis did not think he was guilty and let that be known at Paparua prison.

As a result, Ellis was not subject to the kind of beatings that perpetrators of childhood sexual abuse often suffer when sent to prison. On 3 September , following discussions between the City Council, the Ministry of Education and police, the Civic Creche was closed. In the years preceding the first allegation of abuse against Ellis, there had been a number of high profile child abuse cases in Christchurch involving "highly suspect interviews of children", "mistaken mass diagnosis of children" and other "highly questionable claims".

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The case has also been linked with the day-care sex-abuse hysteria , a moral panic that originated out of California in and that existed throughout the s. From September two months before the first allegation against Ellis , there was "continuous publicity of sexual abuse and ritual abuse of children in the local press or in national media. Seventeen days later, a Christchurch mother rang Gaye Davidson, the supervisor at the Civic Creche to make the first complaint about Peter Ellis. At least children were interviewed as part of the second investigation into allegations of sexual abuse.

Social Welfare psychologist, Sue Sidey, conducted most of the evidential child interviews used at the trial, although she had no formal qualifications in child psychology [28] In December , Sidey conducted a number of interviews with children which failed to turn up any statements consistent with abuse.

However, as more parents became concerned, some children were subsequently interviewed up to six times and began making bizarre allegations. The children's stories "were hardly ever challenged, no matter how fanciful their answers. If the answers were inconsistent or incoherent, then they would be asked again in more elaborate form until an acceptable answer was elicited.

One mother even admitted in court that she encouraged her son to come up with new information by cuddling him, praising him and "telling him how brave he was after he revealed more and more details of his abuse". Michael Lamb, a leading authority on the interviewing of child abuse victims, was asked to review the interviewing process the children endured. In addition to the problems caused by multiple interviews, he noted that there were substantial delays between the alleged events and the formal interviews which were conducted up to 18 months later.

Lamb wrote that during this time, the children were exposed to conversations with their parents, social workers and other children and "were likely to have adopted recently acquired information about the events in question.

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Stephen J. Ceci , a psychologist at of Cornell University and an expert in children's suggestibility and children's courtroom testimony, also studied transcripts of many of the children's evidential interviews. In July he said the interviews "were not conducted in accordance with currently understood interviewing principles.

A number of people who were involved in the case believed Ellis was convicted because he was homosexual and was the only male worker at the creche. He said that he and his wife were visited by a council social worker with ACC claim forms and told "we had to get in quick to claim the money because lump sums were being abolished".

One child's parents allegedly claimed five payments, while another claimed four. It paid up without so much as charges being laid in respect of some allegations. The police even wrote letters to ACC supporting compensation claims. The programme alleged that the jury foreman had been the celebrant at the wedding of the Crown Prosecutor Brent Stanaway 15 years earlier. It was also alleged that a female juror had had a sexual relationship with a co-worker of the mother of one of the children involved.

He left the police force in suffering from posttraumatic stress disorder. A key aspect of the appeal was that the seven children, whose evidence the jury accepted, had named 21 other victims — either as observers or participants. None of those 21 children confirmed any of the allegations. On the fourth day of the hearing 28 July , the oldest child on whose testimony Ellis was convicted, and probably the most credible of the child witnesses, [9] told her parents that her story was not true, that she had said only what she thought her parents and the interviewer wanted to hear.

The Court of Appeal considered that it was not uncommon for child complainants to withdraw their allegations. The appellate judges believed the retraction may have been a case of denial on the part of the child and was grounds to overturn only those convictions relating to that child. In November , Ellis presented a second petition to the Governor General seeking a Royal Commission on Inquiry into his case, and either a free pardon or for the whole case to be referred back to the Court of Appeal.

His advice concluded that the terms of reference should be expanded.

In the Ellis case was referred to the Court of Appeal for a second time. Ablett-Kerr argued emphatically that the children's evidence had been contaminated by parental questioning and presented updated opinions on the dangers of multiple interviews, using anatomically correct dolls and suggestive questioning. Barry Parsonson, former head of the New Zealand Psychologists Board, was asked to write a report into the process used to interview the children prior to Ellis's second Court of Appeal hearings.

Parsonson concluded that "given the conditions prevailing at the time , the level of parental contamination, and the extremely suggestive interviewing procedures, the probability of the proportion of fact outweighing the proportion of fiction must be very, very small indeed. The court concluded that they were not persuaded that a miscarriage of justice had occurred but suggested a Royal Commission of Inquiry could better examine some of the issues raised.

Ellis immediately presented a third petition to the Governor General. She commissioned and supplied reports by experts that were based on selective information, for Thorp to consider. Despite the limitations of the reports, Thorp considered they raised serious concerns that should be investigated further. Thorp said there was no evidence that the interviewers or the police or did any cross checking before presenting abuse allegations to the jury. Thorp stated that the central concerns were "the claims of defective interviewing techniques He added that if the opinions of Barry Parsonson, Stephen Ceci and Justice Wood were found to have substantial support, it would "be difficult to argue against the existence of a serious doubt about the safety of the Petitioner's convictions.

In March , then Minister of Justice Phil Goff established a ministerial inquiry into the conduct of the interviews, headed by Sir Thomas Eichelbaum. This was undertaken in response to Justice Thorp's report [49] and ongoing concerns over the reliability of the children's evidence. In a later submission, Ministry officials stated that the Ministerial Inquiry was "intended to address specific areas of concern that might not have been seen to have been fully resolved by the Court of Appeal.

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The terms of reference required Eichelbaum to examine the relevant documents and seek written submissions from those who were involved in the case but not to interview anyone. Released in March , Eichelbaum's inquiry concluded that the interviews were of good quality overall, and that though excessive questioning by some parents could have led to some contamination, this would not have been sufficient to affect the convictions. In December University of Otago psychologist Harlene Hayne conducted research which compared the standard of interviews conducted in the Ellis case with those of the Kelly Michaels case in the United States.

Empirical analysis allowed Hayne to conclude that there was a "strong risk that the evidence of children who told of sexual abuse by Ellis was contaminated by the way the interviews were carried out," and that, contrary to Eichelbaum's conclusions, "the standard of the questions in Ellis was not substantially better than those in Michaels.

In June , two petitions called for a royal commission of inquiry into the case. They included two former prime ministers David Lange and Mike Moore , four former Cabinet ministers, 26 MPs, a retired High Court Judge Laurence Greig , a retired District Court Judge, 12 law professors, 12 Queen's Counsel, former Auckland police chief Bryan Rowe, historian Michael King , psychology professors, professors from other disciplines, lawyers, child protection workers, psychologists, social workers, therapists and counsellors.

In August , Parliament 's justice and electoral select committee reported on two petitions relating to the Ellis case. The committee had several concerns with the way the case was prosecuted. It recommended several changes, although it acknowledged that changes had already been made to the way that children were now interviewed.

It also suggested that the testimony of expert prosecution witness Karen Zelas would not be permitted if it were proffered now. The committee noted that "The operation of the legal system in respect of this case did not inspire adequate public confidence in the operation of the legal system. A justice system should lead to certainty. In this case it seemed to increase the sense of uncertainty.

On 25 July , Ellis, aged 61, lodged an appeal to the Supreme Court. Prior to this hearing which began on 14 November , courts in Commonwealth countries, including New Zealand, have traditionally ruled that an individual's interest in any judicial hearing ends if they die. On Ellis' behalf, lawyer Robert Harrison said the appeal should proceed because it was an issue of public importance and addressed a systemic issue in the justice system. He adjourned the hearing for five weeks so that both sides could make new submissions addressing tikanga issues in the new year.

In Lynley Hood published a page book about the case and the moral panic of sexual abuse within New Zealand at that time. As Hood tells it, fear and anxiety about ritual abuse began in childcare facilities overseas in the early s. Given the number of sex abuse scenarios in Christchurch in the s such as "the Glenelg Health Camp, Ward 24, and the Great Child Pornography fiascos — it was probable that some sort of panic would break out in Christchurch. It is implausible to believe four women and one man could do this in a busy creche.

The appeal was made to Amy Adams , the newly appointed Minister of Justice for the National Party-led government returned in the General Election. According to Greg Newbold, senior lecturer in sociology at the University of Canterbury , even cynical journalists like Frank Haden, David McLoughlin, Melanie Reid, George Balani, and Martin van Beynen — the only journalist to have sat right through the trial — agree that Ellis is not guilty.

Francis concluded that despite two appeal hearings, three applications for a pardon, a ministerial inquiry, and a parliamentary inquiry, questions about the reliability of Ellis' convictions remain.



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